Griffith v. Gruner

Citations

• 47 Cal. 644

Syllabus

<p>Abqümkht oe Motion eob New Tbial.—Under the provisions of the Practice Act prior to the adoption of the Code of Civil Procedure, either party could notice for argument a motion for new trial, and if the party opposing the motion neglect to bring up the motion for argument, he could not complain of the neglect of the other party, and could not claim that the motion be dismissed because the moving party failed to bring on the argument.</p> <p>Service oe Notice.—Under the Practice Act, as it existed before the adoption of the Code of Civil Procedure, a notice to take a deposition was required to be served on the attorney of the other party, even if he lived out of the county where the case was pending. A service on the party himself was not sufficient.</p>